Ledyard v. . Bull
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme ■Court in the first judicial department, entered upon an order made November 23,1888, which affirmed a judgment in favor of defendants entered upon the report of a referee. This was an action for an accounting. Asa Worthington, plaintiffs intestate, died November 25, 18Y5, leaving four daughters and a son, his only children and next of kin.
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Appeal from judgment of the G-eneral Term of the Supreme ■Court in the first judicial department, entered upon an order made November 23,1888, which affirmed a judgment in favor of defendants entered upon the report of a referee. This was an action for an accounting. Asa Worthington, plaintiffs intestate, died November 25, 18Y5, leaving four daughters and a son, his only children and next of kin. The plaintiff, one of the daughters, was appointed administratrix December 19, 1884. Henry B. Worthington, the son, died December 1Y, 1880, leaving a will in which the defendants were named as…
1Opinion of the CourtEarl, J.
After the death of his father, Henry P. Worthington undertook, with the assent of his sisters, the only next of kin, to administer u^ron his estate. He stated an account and distributed the balance, and each of his sisters took and had her share. Although all this was done without letters of administration upon Ids father’s estate, so far as it went, it was binding upon the next of kin. They were the persons beneficially interested in the estate, and they could not take their respective shares in the estate and then through administration claim and obtain a new distribution and thus duplicate…
2Cases cited4 opinions
- Fretwell v. McLemoreSupreme Court of Alabama · 1875
- Babbitt v. BowenSupreme Court of Vermont · 1859
- Josey v. RogersSupreme Court of Georgia · 1853
- Ricks v. HilliardMississippi Supreme Court · 1871
3Cited by28 opinions
- Davison v. KlaessNew York Court of Appeals · 1939
- Birnbaum v. BirnbaumAppellate Division of the Supreme Court of the State of New York · 1986
- Hart v. GoadbyAppellate Division of the Supreme Court of the State of New York · 1910
- Saratoga Trap Rock Co. v. Standard Accident InsuranceAppellate Division of the Supreme Court of the State of New York · 1911
- Lane v. AlbertsonAppellate Division of the Supreme Court of the State of New York · 1903
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